Jose Antonio Acevedo-Lemus v. United States
1. When a defendant raises a new theory on appeal in support
of a suppression motion filed in district court—in this case, a
lack of probable cause for a search warrant—is the argument
reviewable for plain error, as the Fourth, Fifth, Sixth, and
Eleventh Circuits have held, or does Federal Rule of
Criminal Procedure 12's good-cause standard displace the
plain-error standard in Federal Rule of Criminal Procedure
52(b), as the First, Second, Third, Seventh, Eighth, Ninth,
and Tenth Circuits have held?
2. Whether, contrary to the Ninth Circuit's decision here, a
search warrant which fails to allege that the subject has
accessed or even attempted to access child pornography, but
merely had accessed a website in which child pornography
was apparently available, fails to establish probable cause to
search the subject's home and computers for evidence of child
pornography, as the Second, Fourth, and Tenth Circuit have
held.
Whether a new theory raised on appeal in support of a suppression motion is reviewable for plain error or under Rule 12's good-cause standard